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RBD
Domain Name Registration Agreement |
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This RBD Domain Name Registration Agreement ("Agreement") is
by and between RBD a Nova Scotia Company and You, Your heirs,
agents, successors and assigns ("You"), and is made effective
as of the date of electronic execution. This Agreement sets
forth the terms and conditions of Your use of RBD Domain Name
Registration and represents the entire agreement between You
and RBD . By participating in this transaction, You acknowledge
that You have read, understand and agree to be bound by all
the terms and conditions of this Agreement, including our dispute
policy and the ICANN
Transfer Dispute Resolution Policy along with any new, different
or additional terms, conditions or policies, including the Universal
Terms of Service which Beachcomber Creations may establish from
time to time.
In addition
to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this agreement for transactions
entered into on Your behalf by anyone acting as Your Agent,
and transactions entered into by anyone who uses the account
You've established with RBD , whether or not the transactions
were in Your behalf. You acknowledge that RBD acceptance of
any application made by You for services provided by RBD will
take place at RBD offices located in Aylesfprd, Nova Scotia,
Canada.
You acknowledge
that RBD is a registrar bound by an agreement between RBD and
the Internet Corporation for Assigned Names and Numbers ("ICANN").
You agree that Beachcomber Creations may modify this agreement
in order to comply with applicable law and the terms and conditions
set forth by the Internet ICANN and/or the Registry Administrator
chosen by ICANN, as well as any registration rules or policies
that may be published from time to time by Beachcomber Creations
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1. fees
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In consideration for the services and products ("service") purchased
by You and provided to You by RBD , You agree to pay RBD at
the time service is provided. Payment is to be made by You by
providing either a valid credit card, Personal checks and money
orders may only be used only to fund "Good As Gold" (GAG) accounts,
must be for payments of $100 or more, and issued in Cdn dollars
for the full amount required at that time. Personal checks under
$1,000 are subject to the same processing fees as wire transfers.
All personal checks will be delayed fourteen (14) days until
the money is credited, which may delay Your usage of the product
or service, and any check that bounces will result in a $25
bounced check fee. If You purchase an automatically renewing
service or product by personal check, it is Your responsibility
to make payment arrangements for each renewal payment. You understand
that ICANN requires RBD to collect a small registration fee
when you purchase your domain name registration. You agree to
pay such fees. Payments are non-refundable. If for any reason
RBD is unable to charge Your Payment Method for the full amount
owed RBD for the service provided, or if RBD is charged a penalty
for any fee it previously charged to your Payment Method, You
agree that RBD may pursue all available remedies in order to
obtain payment. You agree that among the remedies Beachcomber
Creations may pursue in order to effect payment, shall include
but will not be limited to, immediate cancellation without notice
to You of any domain names registered or renewed on Your behalf.
RBD reserves the right to charge a reasonable service fee for
administrative tasks outside the scope of its regular services.
These include, but are not limited to, customer service issues
that cannot be handled over email but require personal service,
and disputes that require legal services. These charges will
be billed to the Payment Method we have on file for You. You
may change your Payment Method at any time by contacting us
in writing.
Domain Name Renewals
When You
register a domain name we assume that the domain name be automatically
renewed upon reaching the expiration date. RBD will automatically
renew, for a period equivalent to the length of your original
registration, any domain name that is up for renewal and will
take payment from the Payment Method You have on file with RBD,
at RBD then current rates. Thus, if you have chosen to register
your domain name for one year, RBD will automatically renew
it for one year. If you have chosen to register your domain
name for two years, RBD will automatically renew it for two
years, and so on. Domain name renewals will be non refundable.
If for any reason RBD is not able to take the payment from the
Payment Method You have on file, and You fail to respond to
our notices, Your domain name registration will expire. It is
Your responsibility to keep Your Payment Method information
current, which includes the expiration date if you are using
a credit card. If You do not elect that the domain name be automatically
renewed, You have the responsibility to let us know at the time
of purchase for that domain name and manually implementing the
renewal by the expiration date (should You in fact want the
domain name to be renewed). In this case, if You fail to manually
implement the renewal in a timely fashion the domain name will
be cancelled and You will no longer have use of that name. You
agree that RBD will not be responsible for cancelled domain
names that You fail to renew, either automatically or manually.
In any case, if You fail to renew Your domain name in a timely
fashion, additional charges may apply. If You signed up for
domain masking, domain forwarding, or any other similar service,
with Your domain registration, these services may be automatically
renewed when Your domain registration is up for renewal, and
You may incur an additional renewal fee unless You cancel in
advance.
If you
fail to renew your domain name, you agree that RBD may, at its
sole discretion, renew your expired domain name on your behalf.
If RBD decides to renew your expired domain name on your behalf
you will have a Renewal Grace Period during which you may reimburse
RBD for the renewal and keep your domain name. The Renewal Grace
Period is currently 12 days but subject to change under the
terms of Section 2 of this Agreement. If you do not reimburse
RBD for the renewal during the Renewal Grace Period your domain
name will be placed on Hold and flagged for deletion after which
you will have a 30 day redemption period during which you may
pay RBD a Redemption fee and redeem your domain name. The Redemption
fee is currently $100 Cdn and is subject to change under the
terms of Section 2 of this agreement. If you do not redeem your
domain name prior to the end of the 30 day redemption period
RBD may, at its sole discretion, delete your domain name or
transfer it to another registrant on your behalf.
If your
domain is deleted, the Registry also provides a 30 day Redemption
Grace Period during which you may pay RBD a redemption fee and
redeem your domain name. The redemption fee is currently $100
Cdn and is subject to change under the terms of Section 2 of
this agreement. If you do not redeem your domain name prior
to the end of the Registry’s Redemption Grace Period the Registry
will release your name and it will become available for registration
on a first-come-first-served basis. |
2. term of agreement; modifications
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The term of this agreement shall continue in full force and
effect as long as You have any domain name registered through
RBD. You agree that You will not transfer any domain name registered
through RBD to another domain name registrar during the first
sixty (60) days from its initial registration date. You further
agree that RBD may charge You a small fee if You cancel Your
domain within the five (5) day grace period after registering
Your domain with RBD and Beachcomber Creations refunds the price
of Your domain.RBD will not charge You a fee if RBD cancels
Your domain name during this period because of fraud.
You agree
that RBD may modify this agreement from time to time. RBD may
also discontinue services it provides under this agreement.
You agree to be bound by any changes RBD may reasonably make
to this agreement when such changes become effective. Should
You elect to cancel Your agreement with RBD You will not receive
a refund for any fees You may have paid to RBD .
You agree
that RBD shall not be bound by any representations made by third
parties who You may use to purchase services from RBD , and
that any statements of a general nature, which may be posted
on RBD web site or be contained in RBD 's promotional materials,
will not bind RBD . |
3. up to date information; use of information and expiration
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You agree to notify RBD within five (5) business days when any
of the information You provided as part of the application and/or
registration process changes. It is Your responsibility to keep
this information in a current and accurate status. Failure by
You, for whatever reason, to provide RBD with accurate and reliable
information on an initial and continual basis, shall be considered
to be a material breach of this agreement. Failure by You, for
whatever reason, to respond within five (5) business days to
any inquiries made by RBD to determine the validity of information
provided by You, shall also be considered to be a material breach
of this agreement. You agree to retain a copy for Your record
of the receipt for purchase of Your domain name.
You agree
that for each domain name registered by You, the following contact
data is required: postal address, email address, telephone number,
and if available, a facsimile number for the registered name
holder and, if different from the registered name holder, the
same contact information for, a technical contact, an administrative
contact and a billing contact
You acknowledge
and agree that domain name registration requires that this contact
information, in whole or in part, be shared with the registry
operator. As required by ICANN, this information must also be
made publicly available by means of Whois, and that the registry
operator may also be required to make this information publicly
available by Whois. RBD and the registry operator may be required
to archive this information with a third party escrow service.
You hereby consent and give permission for all such requirements
and disclosures. Further, You represent and warrant that, if
You are providing information about a third party, You have
notified the third party of the disclosure and the purpose for
the disclosure and You have obtained the third party's consent
to such disclosure.
You agree that
for each domain name registered by You the following information
will be made publicly available in the Whois directory as determined
by ICANN Policy and may be sold in bulk as set forth in the
ICANN agreement:
- The domain name
- Your name and
postal address
- The email address,
postal address, voice and fax numbers for technical and administrative
contacts
- The Internet
protocol numbers for the primary and secondary name servers
- The corresponding
names of the name servers
- The original
date of registration and expiration date
You agree that,
to the extent permitted by ICANN, Beachcomber Creations may
make use of the publicly available information You provided
during the registration process. If You engage in the reselling
of domain names You agree to provide any individuals whose personal
information You've obtained, information about the possible
uses of their personal information pursuant to ICANN policy.
You also agree to obtain consent, and evidence of consent, from
those individuals for such use of the personal information they
provide. |
4. dispute resolution policy
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agree to be bound by our current Dispute Resolution Policy.
This policy is incorporated herein and made a part of this agreement.
You can view the Uniform
Domain Name Dispute Resolution Policy online. You agree
that RBD may from time to time modify its Dispute Resolution
Policy. RBD will post any changes to its Dispute Resolution
Policy at least 30 days before they become effective. You agree
that by maintaining Your domain name registrations with Beachcomber
Creations after the updated policy becomes effective that You
agree to the Dispute Resolution policy as amended. You agree
to review RBD's web site periodically to determine if changes
have been made to the Dispute Resolution Policy. If You cancel
Your agreement with RBD as a result of the modified Dispute
Resolution policy no fees will be refunded to You.
You agree
that if a dispute arises as a result of one or more domain names
You have registered using RBD, You will indemnify, defend and
hold RBD harmless as provided for in this agreement. You also
agree that if RBD is notified that a complaint has been filed
with a governmental, administrative or judicial body, regarding
a domain name registered by You using RBD, that RBD, in its
sole discretion, may take whatever action RBD deems necessary
regarding further modification, assignment of and/or control
of the domain name deemed necessary to comply with the actions
or requirements of the governmental, administrative or judicial
body until such time as the dispute is settled. In this event
You agree to hold RBD harmless for any action taken by RBD.
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5. transfer of domain names; resale practices
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You transfer any domain name You agree to provide the information
required by, and to abide by, the procedures and conditions
set forth in our Domain Transfer Agreement . You may request
the latest version of our Domain Transfer Agreement online.
In order to further protect Your domain, any domain registered
with RBD or transferred to RBD shall be placed on lock status.
The domain must be placed on unlock status in order to modify
any of the Whois information including the name servers, or
initiate a transfer of the domain name away from RBD to a new
Registrar. You contact RBD at any time after Your domain name
has been successfully transferred to RBD, and change the status
to unlock.
You agree to inform
any customer of Yours, who may be acquiring a domain name through
You using RBD's registration services, that they are in fact
registering their domain name through RBD and that Beachcomber
Creations is the accredited registrar with ICANN. You agree
not to represent that You are an ICANN accredited registrar
or that You are in any way providing superior access to the
ICANN Domain Name Registry. You also agree not to use the ICANN
trademark logo in any of Your promotional materials including
Your web site.
You agree to obtain
each of Your customers' acceptances of Beachcomber Creations
's then current Domain Registration Agreement, and to retain
evidence of their acceptance for a period of not less than three
(3) years. Should You require that Your customers accept additional
terms and conditions that are not required by Beachcomber Creations
, You agree that such additional terms and conditions shall
not conflict with Beachcomber Creations 's Domain Registration
Agreement and the policies and business procedures adopted by
ICANN.
You agree that
Beachcomber Creations is not lending You access to its registrar
connections or its registry access, nor will You be deemed to
be a registrar in Your own right. Furthermore, You agree You
will not attempt to gain access to Beachcomber Creations 's
registrar connections or registry access. You agree to provide
complete, accurate and current data for each registrant to be
added to a registry in accordance with ICANN requirements for
inclusion in the Whois database.
You agree to provide
Your customers with adequate customer support, and to maintain
contact with them with regard to providing a medium for them
to communicate changes in the information they provided as part
of the domain name registration process. Upon receiving corrected
or updated information You will, within 5 business days, provide
such information to Beachcomber Creations so Beachcomber Creations
may update its registration records. You will retain copies
of all communications between You and Your customers and will
upon request provide Beachcomber Creations copies of same.
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6. suspension of services; breach of agreement
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agree that, in addition to other events set forth in this agreement,
(i) Your ability to use any of the services provided by RBD
& Beachcomber Creations is subject to cancellation or suspension
in the event there is an unresolved breach of this agreement
and/or suspension or cancellation is required by any policy
now in effect or adopted later by ICANN, and (ii) Your registration
of any domain names shall be subject to suspension, cancellation
or transfer pursuant to any ICANN adopted specification or policy,
or pursuant to any Beachcomber Creations procedure not inconsistent
with an ICANN adopted specification or policy, (1) to correct
mistakes by Beachcomber Creations or the registry operator in
registering any domain name or (2) for the resolution of disputes
concerning any domain name.
You agree that
Your failure to comply completely with the terms and conditions
of this agreement and any RBD rule or policy may be considered
by RBD & Beachcomber Creations to be a material breach of
this agreement and that RBD may provide You with notice of such
breach either in writing or electronically (i.e. email). In
the event You do not provide Beachcomber Creations with material
evidence that You have not breached Your obligations to RBD
within ten (10) business days, RBD may terminate its relationship
with You and take any remedial action available to RBD under
the applicable laws. Such remedial action may be implemented
without notice to You and may include, but is not limited to,
canceling the registration of any of Your domain names and discontinuing
any services provided by RBD to You. No fees will be refunded
to You should Your agreement be cancelled or services be discontinued
because of a breach.
RBD's failure to
act upon or notify You of any event, which may constitute a
breach, shall not relieve You from or excuse You of the fact
that You have committed a breach. |
7. restriction of services; right of refusal
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agree not to use the services provided by RBD, or to allow or
enable others, to use the services provided by RBD for the purposes
of:
- The
transmission of unsolicited email (Spam).
- Repetitive,
high volume inquires into any of the services provided by
Beachcomber Creations (i.e. domain name availability, etc.).
If You are
hosting Your domain's domain name servers ("DNS") on RBD's servers,
or are using our systems to forward a domain, URL, or otherwise
to a system or site hosted elsewhere, or if You have your domain
name registered with RBD, You are responsible for ensuring that
there is no excessive overloading on RBD's DNS systems. You may
not use RBD's servers and Your domain as a source, intermediary,
reply to address, or destination address for mail bombs, Internet
packet flooding, packet corruption, or other abusive attack. Server
hacking or other perpetration of security breaches is prohibited.
You agree that RBD reserves the right to deactivate Your domain
name from its DNS system if RBD deems it is the recipient of activities
caused by your site that threaten the stability of its network.
You agree that RBD, in its sole discretion
and without liability to You, may refuse to accept the registration
of any domain name. RBD also may in its sole discretion and
without liability to You delete the registration of any domain
name during the first thirty (30) days after registration has
taken place. RBD may also cancel the registration of a domain
name, after thirty (30) days, if that name is being used in
association with spam or morally objectionable activities. Morally
objectionable activities will include, but not be limited to:
activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties; activities prohibited by the
laws of the United States and/or foreign territories in which
You conduct business; activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and child
pornography; activities that are tortious, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; activities designed to impersonate
the identity of a third party; and activities designed to harm
minors in any way. In the event RBD refuses a registration or
deletes an existing registration during the first thirty (30)
days after registration, You will receive a refund of any fees
paid to RBD in connection with the registration either being
canceled or refused. In the event RBD deletes the registration
of a domain name being used in association with spam or morally
objectionable activities, no refund will be issued.
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8. limitation of liability
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agree that RBD 's entire liability to you under this agreement,
and your only remedy, in connection with any service provided
by RBD , to you under this agreement, and for any breach of
this agreement by RBD , shall be limited to the fees you paid
to RBD for the particular service in contention. RBD and its
agents and contractors shall not be liable for any direct, indirect
incidental, special, or consequential damages resulting from
the use of or inability to use any of RBD 's services or for
the cost of obtaining substitute services. Because certain states
do not permit the limitation of elimination of liability for
certain types of damage, RBD 's liability shall be limited to
the smallest amount permitted by law. RBD disclaims any loss
or liability resulting from:
- access delays
or interruptions to our web site or domain name registration
system
- data non-delivery
or mis-delivery between You and RBD
- events beyond
our control (i.e. acts of God)
- the loss of
registration or processing of a domain name or the use of
a domain name
- the failure
for whatever reason to renew a domain name registration
- the unauthorized
use of Your account with RBD or any of services provided to
You by RBD
- errors, omissions
or misstatements
- deletion of,
failure to store, or failure to process or act upon email
messages
- processing of
updated information to Your registration record
- development
or interruption of Your web site
- errors taking
place with regard to the processing of Your application
- application
of Beachcomber Creations 's Dispute Resolution Policy
- any act or omission
caused by You or Your agent (whether authorized by You or
not)
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9. indemnity
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agree to release, defend, indemnify and hold harmless RBD and
its contractors, agents, employees, offices, directors, shareholders
and affiliates from and against any losses, damages or costs,
including reasonable attorney's fees, resulting from any claim,
action, proceeding suit or demand arising out of or related to
Your (including Your agents, affiliates or anyone using Your account
with RBD whether or not on Your behalf, and whether or not with
Your permission) use of the services provided by RBD. Should RBD
be notified of a pending law suit, or receive notice of the filing
of a law suit, RBD may seek a written confirmation from You concerning
Your obligation to indemnify RBD. Your failure to provide such
a confirmation may be considered a breach of this agreement.
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10. representation and warranties
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You warrant that all information
provided by You as part of the registration process is complete
and accurate. You also warrant that each registration You make
is being done so in good faith and that You have no knowledge
of it infringing upon or conflicting with the legal rights of
a third party or a third party's registration, trademark or
trade name. You also warrant that the domain name being registered
will not be used in connection with any illegal activity.
You agree that
RBD makes no representations or warranties or any kind in connection
with this agreement and specifically makes no guaranty to You
against the possibility of objection to, or challenge of, the
registration or use of any domain name You register with Beachcomber
Creations.
RBD expressly reserves the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion,
to protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal,
on the part of Beachcomber Creations, as well as its affiliates,
subsidiaries, officers, directors and employees. Beachcomber
Creations also reserves the right to freeze a domain name during
resolution of a dispute.
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11. disclaimer of warranties
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expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
RBD makes no warranty that its service(s) will meet your requirements,
or that the service(s) will be uninterrupted, timely, secure,
or error free, or that defects will be corrected. RBD does not
warrant, nor make any representations regarding the use, or results
of, any of the services it provides, in terms of their correctness,
accuracy, reliability, or otherwise. |
12. severability; entirety
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You agree that the terms of this
Agreement are severable. If any part of this Agreement is determined
to be unenforceable or invalid, that part of the agreement will
be interpreted in accordance with applicable law as closely
as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree that
this agreement including the policies it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete and
only agreement between You and RBD regarding the services contemplated
herein.
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13. venue; waiver of trial by jury
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agreement shall be deemed entered into in the Province of Nova
Scotia. Except for all disputes concerning the use of a domain
name registered with RBD, the laws and judicial decisions of
Kings county, Nova Scotia, shall be used to determine the validity,
construction, interpretation and legal effect of this agreement.
For the adjudication of disputes concerning or arising from
the use of a domain name registered with RBD , You shall submit,
without prejudice to other potential applicable jurisdictions,
to the jurisdiction of the courts (1) of Your domicile and (2)
where RBD is located. You agree that any action relating to
or arising out of this agreement, shall be brought in the courts
of Kings county, Nova Scotia..
You agree to waive
the right to trial by jury in any proceeding that takes pace
relating to or arising out of this agreement. |
14. notices
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You
agree that all notices (except for notices concerning breach of
this agreement) from RBD to You may be posted on our web site
and will be deemed delivered within thirty (30) days after posting.
Notices concerning breach will be sent either to the email address
You have on file with RBD or mailed first class postage to the
postal address You have on file with RBD. In both cases, delivery
shall be deemed to have been made five (5) days after the date
sent. Notices from You to RBD shall be made either by email, sent
to the address we provide on our web site, or first class mail
to our address at:
Domain Services C/ORBD, 918 Victoria Road, Aylesford, Nova Scotia,
Canada, B0P 1C0. Delivery shall be deemed to have been made by
You to RBD five (5) days after the date sent. |
15. provisions specific to all registrations
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agree to be bound by the rules, policies, and agreements of each
Registry from which You purchase a domain registration, which
may include, but are not limited to, Top Level Domain Registries
and Second Level Domain Registries. |
16. provisions specific to .COM, .NET, AND .CC registrations
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| Indemnification
You agree to indemnify,
defend and hold harmless the .COM, .NET, and .CC Registry Operator,
VeriSign, Inc., and its directors, officers, employees, agents,
and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal
fees and expenses arising out of or relating to the Registered
Name holder's domain name registration. |
17. provisions specific to .ORG registrants
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| Indemnification
You agree to indemnify,
defend and hold harmless the .ORG Registry Operator, Public
Interest Registry, and its subcontractors, shareholders, directors,
officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
This indemnification requirement shall survive the termination
or expiration of the registration agreement. |
18. provisions specific to .INFO registrants
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| Indemnification
You agree to indemnify,
defend and hold harmless the .INFO Registry Operator, Afilias
Limited, and its subcontractors, shareholders, directors, officers,
employees, agents, and affiliates from and against any and all
claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating
to the Registered Name holder's domain name registration. This
indemnification requirement shall survive the termination or
expiration of the registration agreement. |
19. provisions specific to .WS (WEBSITE) registrations
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Indemnification
You agree to indemnify,
defend and hold harmless the .WS Registry Operator, Global Domains
International, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Name holder's domain name registration.
You agree to be
bound by any registry rules, policies, and agreements for this
ccTLD. The registration policies for this ccTLD are available
online and are incorporated herein. |
20. additional requirements for .INFO registrants
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| If
You are registering a .INFO domain name You also agree to:
- consent to the
use, copying, distribution, publication, modification and
other processing of Registered Name Holder's Personal Data
by the .info Registry Operator and its designees and agents;
- submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP") and the Sunrise Dispute Resolution Policy
("SDRP");
- immediately
correct and update the registration information for the Registered
Name during the registration term for the Registered Name;
and
- acknowledge
that the Registry Operator will have no liability of any kind
for any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute over a Sunrise
Registration.
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21. additional requirements for .BIZ registrants
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| If You are registering a .BIZ domain name You also agree to: .BIZ Restrictions
Registrations in
the .BIZ TLD must be used or intended to be used primarily for
bona fide business or commercial purposes. For purposes of the
.BIZ Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or
bona fide intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through
the DNS:
- To
exchange goods, services, or property of any kind;
- In
the ordinary course of trade or business; or
- To
facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of
trade or business. Registering a domain name solely for
the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation shall
not constitute a "bona fide business or commercial use"
of that domain name.
.BIZ Certification
As a .BIZ domain name
registrant, You hereby certify to the best of Your knowledge that:
- The registered
domain name will be used primarily for bona fide business
or commercial purposes and not (i) exclusively for personal
use; or (ii) solely for the purposes of (1) selling, trading
or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain
name for compensation. More information on the .BIZ restrictions,
which are incorporated herein by reference, are available
online.
- The domain
name registrant has the authority to enter into the registration
agreement; and
- The registered
domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
Domain Name Dispute Policy
If You reserved
or registered a .BIZ domain name through us, You agree to be
bound by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please
take the time to familiarize Yourself with that policy. In addition,
You hereby acknowledge that You have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
- The Uniform
Domain Name Dispute Policy;
- The Start-up
Trademark Opposition Policy ("STOP"); and
- The Restrictions
Dispute Resolution Criteria and Rules.
The STOP sets forth
the terms and conditions in connection with a dispute between
a registrant of a .BIZ domain name ("Registrant") with any third
party (other than Registry Operator or Registrar) over the registration
or use of a .BIZ domain name registered by Registrant that is
subject to the Intellectual Property Claim Service. The Intellectual
Property Claim Service a service introduced by Registry Operator
to notify a trademark or service mark holder ("Claimant") that
a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance
with the STOP and its associated Rules, those Claimants will
have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The UDRP sets forth
the terms and conditions in connection with a dispute between
a Registrant and any party other than the Registry Operator
or Registrar over the registration and use of an Internet domain
name registered by Registrant.
The RDRP sets forth
the terms under which any allegation that a domain name is not
used primarily for business or commercial purposes shall be
enforced on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider. None of the violations of
the Restrictions will be enforced directly by or through Registry
Operator. Registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used primarily
for business or commercial purposes or that a domain name is
being used in compliance with the SUDRP or UDRP processes.
Domain Name Dispute Policy Modifications
You agree that
we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of Your domain
name after modifications to the dispute policy become effective,
You have agreed to these modifications. You acknowledge that
if You do not agree to any such modification, You may terminate
this Agreement. We will not refund any fees paid by You if You
terminate Your Agreement with us.
Domain Name Disputes
You agree that,
if Your use of our domain name registration services is challenged
by a third party, You will be subject to the provisions specified
in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with
any third party, You will indemnify and hold us harmless pursuant
to the terms and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial
or administrative body regarding Your use of our domain name
registration services, You agree not to make any changes to
Your domain name record without our prior approval. We may not
allow You to make changes to such domain name record until (i)
we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by You and the other party contesting
Your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, You agree that
if You are subject to litigation regarding Your registration
and use of our domain name registration services, we may deposit
control of Your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate
from us.
Reservation of Rights
RBD and the .BIZ
Registry Operator, NeuLevel, Inc. expressly reserve the right
to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Beachcomber Creations and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. Beachcomber Creations and NeuLevel,
Inc. also reserve the right to freeze a domain name during resolution
of a dispute.
Indemnification
You agree to indemnify,
defend and hold harmless the .BIZ Registry Operator, NeuLevel,
Inc., and its directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Name holder's domain name
registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
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22. provisions specific to .US registrations
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You agree
to be bound by any registry rules, policies, and agreements
for this ccTLD. The registration guidelines for this ccTLD are
available online and are incorporated herein. These policies
may prohibit You from changing, transferring, or assigning the
name You have submitted as Registrant.
The Registrant
certifies that it meets the following Nexus Requirements to
qualify to register to use a .US domain name.
A. Registrants must be either:
- A natural
person (i) who is a United States citizen, (ii) who is a permanent
resident of the United States of America or any of its possessions
or territories, or (ii) whose primary place of domicile is
in the United States of America or any of its possessions,
or;
- An
entity or organization that is (i) incorporated within one
of the fifty (50) U.S. states, the district of Columbia, or
any of the United States possessions or territories or (ii)
organized or otherwise constituted under the laws of a state
of the United States of America, the District of Columbia
or any of its possessions (including a federal, state, or
local government of the United States, or a political subdivision
thereof, and non-commercial organizations based in the United
States), or;
- A foreign
entity or organization that has a bona fide presence in the
United States of America or any of its possession or territories
that also (i) regularly engages in lawful activities (sales
of goods or services or other business, commercial or non-commercial
including not-for-profit activities) in the Unites States,
or (ii) maintains an office or other property within the United
States.
B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.
Registrant
further certifies that RBD has requested specific information
regarding how the Registrant meets the Nexus requirement and
that Registrant has willingly volunteered such information.
Registrant understands and agrees that such information will
be verified and will be shared with the .US Registry.
Registrant
understands and agrees that if such information cannot be verified,
or if Registrant fails to continue to abide by the Nexus Requirements,
the registered domain name shall be subject to immediate cancellation.
Indemnification
You agree to indemnify
and hold harmless the .US Registry Operator, NeuStar, and its
directors, officers, employees, representatives, agents, affiliates,
and stockholders from and against any and all claims, suits,
actions, other proceedings, damages, liabilities, costs and
expenses of any kind, including without limitation reasonable
legal fees and expenses, arising out of or relating to the Registrant's
(i) .US domain name registration and (ii) use of any .US registered
domain name.
.US Registration Restrictions
You understand
and agree that when You register one of these domains, that
You are prohibited from using any profanity in the domain name,
pursuant to the .US policy available online
. The definition of profanity can be found in the Supreme Court
decision, FCC v. Pacifica Foundation, made famous by George
Carlin.
Further, You acknowledge
and agree that You are not permitted to purchase private or
proxy .US registrations. You shall register for any and all
.US registrations using Your personal information, which information
You represent and warrant is current, accurate and complete. |
23. provisions specific to .NAME registered items
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Eligibility Requirements - Dispute Resolution
You represent and
warrant that the name You are registering is Your legal, personal
name, or that You own the intellectual property rights to that
name. If at any time it is discovered that it is not Your legal
personal name, or Your intellectual property, the .NAME Registry
Operator, Global Name Registry (GNR) and Beachcomber Creations
reserve the right to cancel Your registration without refund,
or transfer it to another party. In addition to the above You
agree to be bound by the provisions of the entire Eligibility
Requirements Dispute Resolution Policy.
Consent - Defensive Registration
A Defensive Registration
is a registration designed for the protection of trademarks
and service marks and may be granted to prevent a third party
from registering a variation of a trademark or the exact trademark.
If the name You wish to register is subject to a Defensive Registration,
You have three options: (i) You may register a variation of
the name, (ii) You may challenge the Defensive Registration
under the Eligibility Requirements Dispute Resolution Policy
("ERDRP"), or (iii) You may request Consent from the Defensive
Registrant. You can request Consent by contacting the Defensive
Registrant listed in the GNR Whois database and requesting consent
to register the .name domain. If the Defensive Registrant grants
consent, they must confirm in writing that they grant consent.
If the Defensive Registrant does not grant consent, you may
wish to challenge the Defensive Registration under the ERDRP.
The policy is available online
.
Acceptable Use Policy
You agree to be
bound by GNR’s
Acceptable Use Policy . Among other limitations, this policy
prohibits You from using your .name Email to engage in Spamming
activities. You will be limited to a maximum of 500 messages
sent from Your .name at a time.
Waiver of Liability
You agree that
GNR, RBD and Beachcomber Creations will have no liability of
any kind for any loss or liability resulting from (i) the processing
of registration requests prior to live SRS launch, including,
without limitation, the ability or inability to obtain a domain
name or email address registration using these processes; or
(ii) any dispute over any domain name or email address registration,
including the decision of any dispute resolution proceeding
related to any of the foregoing.
Indemnification
You agree to indemnify,
defend and hold harmless GNR, and its directors, officers, employees,
agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Item Holder's registration. You agree that this indemnification
obligation shall survive the termination or expiration of this
Registration Agreement. |
24. provisions specific to .EU registrations
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| .EU Registration Restrictions
You acknowledge
and agree that You are not permitted to purchase private or
proxy .EU registrations. You shall register for any and all
.EU registrations using Your personal information, which information
You represent and warrant is current, accurate and complete.
Further, You acknowledge and agree that You are not permitted
and shall not attempt to register any .EU registrations unless
You have a physical presence in the European Union.
Compliance with Applicable Law
You agree to obey,
comply with and be bound by any and all applicable laws, regulations
and administrative policies promulgated by the European Registry
of Internet Domain Names ("EURID").
Compliance with EURID Rules
You agree to obey,
comply with and be bound by EURID rules and regulations and
any and all updates, revisions and modifications thereto, which
may be made by EURID from time to time, including, but not limited
to, their dispute policies, which may be found
here.
Jurisdiction
For the adjudication
of disputes concerning or arising from use of the registered
.EU domain name, You agree to submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of
the courts of (1) Your domicile state, (2) the State of Arizona
and (3) the United Kingdom.
Sunrise and General Pre-registration Applications
You acknowledge
and agree that the submitting of a "Sunrise or General Pre-registration
Application" does not ensure that a domain name shall be successfully
awarded or registered. In the event that an application does
not result in a successful registration, the registration fee
shall be refunded. In the case of a "Sunrise Application" where
an application fee was collected, a portion of that fee shall
be refunded after the deduction of a handling fee, which You
acknowledge and agree is subject to change based on fluxuations
in the US Dollar and Euro exchange rates. |
25. OTHER COUNTRY CODE TOP LEVEL DOMAINS
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| You
represent and warrant that You meet the eligibility requirements
of each country code top level domain ("ccTLD") You apply for.
You further agree to be bound by any registry rules, policies,
and agreements for that particular ccTLD. These may include, but
are not limited to, agreeing to indemnify the ccTLD provider,
limiting the liability of the ccTLD provider, and requirements
that any disputes be resolved under that particular country's
laws. |
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27. provisions specific to .BE registrations.
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| You
understand and agree that in order to register these domains,
a pre-registration DNS validation check is required by the Registry.
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30. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK ) registrations
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| You
understand and agree that when You register one of these domains,
that the minimum term is two years. |
31. provisions specific to .BE registrants
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| You
agree to be bound by any registry rules, policies, and agreements
for this ccTLD. The registration guidelines for this ccTLD are
available online and are incorporated herein. |
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33. .JP registration restrictions
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You
represent and warrant that You have a local presence in Japan
with a home or office address. You agree that certain domains
are reserved and can only be registered by certain parties.
These include:
- TLDs, other
than ccTLDs, as determined by ICANN;
- Geographical-type
.JP domain names that are defined as metropolitan, prefectural,
and municipal labels;
- Names of primary
and secondary educational organizations
- Names of organizations
related to Internet management;
- Names required
for .JP domain name operations; and
- Character strings
which may be confused with ASCII-converted Japanese domain
names.
The complete list of
.JP Reserved Domains is available online
.
Additional
Requirements for .JP Registrants
You agree to be
bound by any registry rules, policies, and agreements for this
ccTLD, which are incorporated herein. You must choose from the
following list of Japanese Prefecture codes and submit this
information with Your order. Prefecture codes are defined as
follows:
01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA
02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME
03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI
04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA
05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA
06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI
07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO
08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA
09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI
10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA
11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA
12 CHIBA
24 NARA
36 KAGAWA
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36. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)
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| You
represent and warrant that You meet the eligibility requirements
of this ccTLD. You further agree to be bound by any registry
rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available online
and the rules are available online
, and are incorporated herein.
If you
are registering a Second Level Domain under this ccTLD, You
further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a
part of this Agreement herein. |
37. provisions specific to .CC registrants
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| You
represent and warrant that You meet the eligibility requirements
of this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available online
and are incorporated herein. |
38. provisions specific to .TV registrants
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You
represent and warrant that You meet the eligibility requirements
of this ccTLD. You further agree to be bound by any registry
rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available online
and are incorporated herein.
.TV Registration Restrictions
If You are registering
a multi-lingual .TV domain name, You are aware of and agree
that the domain name must be less than 16 characters in length.
The FAQ on multi-lingual .TV domain names is available online
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41. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRANTS
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If
You are registering a .JOB domain name You also:
- Agree to provide
information regarding membership in a Human Resource Association,
and the identity of any such association;
- Agree to provide
the URL of Your existing company website;
- Acknowledge
that you have read, understood and agree to be bound by the
.Job's Registry-Registrant agreement as amended from time
to time, located
here;
- Warrant that
you meet the eligibility requirements as provided by the Registry
and as modified from time to time, and to abide by the JOBS
Usage Policy and Terms and Conditions as amended from time
to time and stated
here;
- Agree to abide
by the SHRM code of professional ethics as stated
here;
- Agree to indemnify,
defend and hold harmless the Registry Operator and its subcontractors,
shareholders, directors, officers, employees, affiliates and
agents of each of them from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to Your
domain name registration. This indemnification obligation
shall survive the termination or expiration of this Agreement;
and
- Further acknowledge
and agree that the Registry Operator is an intended third
party beneficiary of this Agreement, with a right to enforce
the terms and provisions contained herein.
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Revised: 11/28/05
Copyright © 2000-2005 All Rights Reserved.
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